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When railroads may be consoli.
Sec. 5 thereto. The Commission is authorized to prescribe a pro-.. cedure for such hearings and to fix a time for bringing them to a close. After the hearings are at an end, the Commission shall adopt a plan for such consolidation and Adoption publish the same; but it may at any time thereafter, upon modifications. its own motion or upon application, reopen the subject for such changes or modifications as in its judgment will promote the public interest. The consolidations herein provided for shall be in harmony with such plan.
(6) It shall be lawful for two or more carriers by railroad, subject to this Act, to consolidate their prop-dated; erties or any part thereof, into one corporation for the ownership, management, and operation of the properties theretofore in separate ownership, management, and operation, under the following conditions:
(a) The proposed consolidation must be in harmony harmony with with and in furtherance of the complete plan of consolida- proval. tion mentioned in paragraph (5) and must be approved by the Commission;
(b) The bonds at par of the corporation which is to bontese kos tomad become the owner of the consolidated properties, together Ceedervalue of
properties. with the outstanding capital stock at par of such corporation, shall not exceed the value of the consolidated properties as determined by the Commission. The value of the properties sought to be consolidated shall be ascertained by the Commission under section 19a of this Act, and it shall be the duty of the Commission to proceed When railroads immediately to the ascertainment of such value for the dated -ascer: properties involved in a proposed consolidation upon the value. filing of the application for such consolidation. (c) Whenever two or more carriers propose a consoli- procedure upon
application. dation under this section, they shall present their application therefor to the Commission, and thereupon the Commission shall notify the Governor of each State in -notice. which any part of the properties sought to be consolidated is situated and the carriers involved in the proposed consolidation, of the time and place for a public hearing. If after such hearing the Commission finds that the public interest will be promoted by the consolidation and that the conditions of this section have been or will be fulfilled, ization, terms. it may enter an order approving and authorizing such consolidation, with such modifications and upon such terms and conditions as it may prescribe, and thereupon such consolidation may be effected, in accordance-consolidation with such order, if all the carriers involved assent thereto, standing the law of any State or the decision or order of any State authority to the contrary notwithstanding.
-order of author.
State law or order.
lieved from anti
Consolidation (7) The power and authority of the Commission to of express companies. approve and authorize the consolidation of two or more
carriers shall extend and apply to the consolidation of four express companies into the American Railway Express Company, a Delaware corporation, if application for such approval and authority is made to the Commission within thirty days after the passage of this amendatory Act; and pending the decision of the Commission
such consolidation shall not be dissolved. Carriers re (8) The carriers affected by any order made under the trust and other foregoing provisions of this section and any corporation
organized to effect a consolidation approved and authorized in such order shall be, and they are hereby, relieved from the operation of the "antitrust laws," as designated in section 1 of the Act entitled "An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes,” approved October 15, 1914, and of all other restraints or prohibitions by law, State or Federal, in so far as may be necessary to enable them to do anything authorized or required by any order made under and
pursuant to the foregoing provisions of this section. 42 Stat. L: 27. (9)1 Upon application of one or more telephone comtelephone com-panies for authority to consolidate their properties or a panies.
part thereof into a single company, or for authority for one or more such companies to acquire the whole or any part of the property of another telephone company or other telephone companies or the control thereof by the purchase of securities or by lease or in any other like
manner, when such consolidated company would be subPublic hearing. ject to this Act, the Commission shall fix a time and
place for a public hearing upon such application and shall thereupon give reasonable notice in writing to the governor of each of the States in which the physical
property affected, or any part thereof, is situated, and to Notice to State the State public service commission or other regulatory
body, if any, having jurisdiction over telephone companies, and to such other persons as it may deem advis
able. After such public hearing, if the Commission finds Authorization that the proposed consolidation, acquisition, or control will
be of advantage to the persons to whom service is to be ren
dered and in the public interest, it shall certify to that effect; Prior prohibi- and thereupon any Act or Acts of Congress making the protive laws inap
posed transaction unlawful shall not apply. Nothing in plicable.
ry this paragraph contained shall be construed as in any wise powers of States limiting or restricting the powers of the several States as unaffected.
now existing to control and regulate telephone companies.
1 This paragraph was added by an Act of June 10, 1921, as paragraph (9), section 407, Transportation Act, 1920.
Each day's vio
determine as to
(9) From and after the first day of July, nineteen hun- 37 Stat. L., 506. dred and fourteen, it shall be unlawful for any railroad to own competing company or other common carrier subject to the Act to regulate commerce to own, lease, operate, control, or have any interest whatsoever (by stock ownership or otherwise, either directly, indirectly, through any holding company, or by stockholders or directors in common, or in any other manner) in any common carrier by water operated through the Panama Canal or elsewhere with which said railroad or other carrier aforesaid does or may compete for traffic or any vessel carrying freight or passengers upon said water route or elsewhere with which said railroad or other carrier aforesaid does or may compete for traffic; and in case of the violation of this provision each batinse, separate day in which such violation continues shall be deemed a separate offense.
(10) Jurisdiction is hereby conferred on the Interstate Commission to Commerce Commission to determine questions of fact as competition. to the competition or possibility of competition, after full hearing, on the application of any railroad company or other carrier. Such application may be filed for the purpose of determining whether any existing service is in violation of this section and pray for an order permitting the continuance of any vessel or vessels already in operation, or for the purpose of asking an order to install new service not in conflict with the provisions of this paragraph. The Commission may on its own motion or the application of any shipper institute proceedings to inquire into the operation of any vessel in use by any railroad or other carrier which has not applied to the Commission and had the question of competition or the possibility of competition determined as herein provided. In all such cases the order of said Commission shall be final.
(11) If the Interstate Commerce Commission shall be commission of the opinion that any such existing specified service by tinuance of water
line operation by water other than through the Panama Canal is being oper- railroads. ated in the interest of the public and is of advantage to the convenience and commerce of the people, and that such extension will neither exclude, prevent, nor reduce competition on the route by water under consideration, the Interstate Commerce Commission may, by order, extend the time during which such service by water may continue to be operated beyond July first, nineteen hun- Rates, etc., to dred and fourteen. In every case of such extension the
Commission. rates, schedules, and practices of such water carrier shall
with Secs. 5 and 6
be filed with the Interstate Commerce Commission and shall be subject to the Act to regulate commerce and all amendments thereto in the same manner and to the same extent as is the railroad or other common carrier controlling such water carrier or interested in any manner in its operation: Provided, Any application for extension under the terms of this provision filed with the Interstate Commerce Commission prior to July first, nineteen hundred and fourteen, but for any reason not heard and disposed of before said date, may be considered and granted
thereafter.1 24 Stat. L., 379. SEC. 6.' [Amended March 2, 1889. Following section 25 Stet, L., 855. * Stat. L., 684. substituted June 29, 1906. Amended June 18, 1910, 41 Stat. 2., 483. August 24, 1912, August 29, 1916, and February 28, 1920.]
(1) That every common carrier subject to the provisions
of this Act shall file with the Commission created by this Schodulos: Act and print and keep open to public inspection schedng; open to pub-ules showing all the rates, fares, and charges for trans
portation between different points on its own route and
between points on its own route and points on the route applicable when of any other carrier by railroad, by pipe line, or by water tablished. rato es- when a through route and joint rate have been estab
lished. If no joint rate over the through route has been established, the several carriers in such through route shall file, print and keep open to public inspection as aforesaid, the separately established rates, fares, and
charges applied to the through transportation. The sched- schedules printed as aforesaid by any such common
carrier shall plainly state the places between which property and passengers will be carried, and shall contain the classification of freight in force, and shall also state separately all terminal charges, storage charges, icing charges, and all other charges which the Commission may require, all privileges or facilities granted or allowed and any rules or regulations which in any wise change, affect, or determine any part or the aggregate of such aforesaid rates, fares, and charges, or the value of the
service rendered to the passenger, shipper, or consignee. Posting for pub- Such schedules shall be plainly printed in large type, lic inspection.
and copies for the use of the public shall be kept posted in two publio and conspicuous places in every depot, station, or office of such carrier where passengers or freight, respectively, are received for transportation, in such form that they shall be accessible to the public
What ules shall show.
1 See further provision in Panama Canal Act, post, page 82. a See section 22, proviso on page 75, post.
notice of change
and can be conveniently inspected. The provisions of trapplesato all this section shall apply to all traffic, transportation, and fation, and facilifacilities defined in this Act.
(2) Any common carrier subject to the provisions of racehedules this Act receiving freight in the United States to be ried through for carried through a foreign country to any place in the United States shall also in like manner print and keep open to public inspection, at every depot or office where such freight is received for shipment, schedules showing the through rates established and charged by such common carrier to all points in the United States beyond the foreign country to which it accepts freight for shipment; and any freight shipped from the United States Freight subject through a foreign country into the United States the when through
not pubthrough rate on which shall not have been made public, as lished. required by this Act, shall, before it is admitted into the United States from said foreign country, be subject to customs duties as if said freight were of foreign production.
(3)" No change shall be made in the rates, fares, and charges or joint rates, fares, and charges which have noThirty, days' been filed and published by any common carrier in in rates required. compliance with the requirements of this section, except after thirty days' notice to the Commission and to the public published as aforesaid, which shall plainly state the changes proposed to be made in the schedule then in force and the time when the changed rates, fares, or charges will go into effect; and the proposed changes shall be shown by printing now schedules, or shall be plainly indicated upon the schedules in force at the time and kept open to public inspection: Provided, That Commission
may modify rethe Commission may, in its discretion and for good cause this section. shown, allow changes upon less than the notice herein specified, or modify the requirements of this section in respect to publishing, posting, and filing of tariffs, either in particular instances or by a general order applicable to special or peculiar circumstances or conditions: Pro-Rules for sim
plification of vided further, That the Commission is hereby authorized schedules to make suitable rules and regulations for the simplification of schedules of rates, fares, charges, and classifications and to permit in such rules and regulations the filing of an amendment of or change in any mate, fare, charge, or classification without filing complete schedules covering rates, fares, charges or classifications not
1 See Parcel Post, page 170, post.